A Fundamental Right petition filed by former Chief Judicial Medical Officer of Colombo Prof. Ananda Samarasekara, seeking an interim order preventing the CID from arresting him in connection with the alleged loss of body parts of late Wasim Thajudeen was yesterday fixed for support by the Supreme Court.
The Supreme Court fixed the matter for support on September 12.
The court was informed through the counsel of petitioner that he is expecting obtain instructions from the petitioner for the withdrawal of the petition since the petitioner had been granted bail by the Magistrate’s Court.
Professor Ananda Samarasekara, former Chief Judicial Medical Officer of Colombo Vice Chancellor of the South Asian Institute of Technology and Medicine (SAITM) Malabe, filed this Fundamental Rights Petition against the infringements and imminent infringement of his fundamental rights in relation to the ongoing investigation into the death of late Mr. Wasim Thajudeen. Secretary of the Ministry of Health, Nutrition and Indigenous Medicine, and 12 others have been named as Respondents.
In the Petition, it is alleged that the incumbent JMO, Dr.Ajith Tennakoon has orchestrated a malicious campaign to discredit Professor Samarasekara and his findings in the Postmortem Report and thereafter, mislead the CID to investigate Prof.Samarasekara for an alleged loss of body parts of Thajudeen lawfully retained for further examination.
It is further alleged that the CID has acted with bias and has not conducted its own investigations and had accepted Dr.Tennakoon’s version as being correct and proceeded on such basis.
The Petition further alleges that the purported inquiry by the Ministry of Health has not been authorised by the Additional Magistrate of Colombo, and the submission of the purported preliminary investigation report as a final report is also in violation of Prof. Samarasekara’s fundamental rights. Counsel Thishya Weragoda, Iresh Seneviratne and Chinthaka Sugathapala instructed by Ms. Thamila Dinushi Perera, appears for the Petitioner Prof. Ananda Samarasekara. Additional Solicitor General Ayesha Jinasena appeared for the Attorney General.
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